Source: All England Reporter
Publisher Citation: [2002] All ER (D) 70 (Oct)
Court: Administrative Court
Judge:

George Bartlett QC sitting as a deputy judge of the High Court

Representation Richard Drabble QC (instructed by Irung & Co) for the claimant.
  Michael Fordham (instructed by the Treasury Solicitor) for the defendant
Judgment Dates: 7 October 2002

Catchwords

Immigration - Asylum - Appeal - Secretary of State refusing claim for asylum - Claimant appealing - Special adjudicator making direction for Secretary of State to reconsider matter - Whether adjudicator having power to make such a direction - Immigration and Asylum Appeals (Procedure) Rules 2000, r 30.

The Case

It was settled law that an adjudicator had no power under the Immigration and Asylum Appeals (Procedure) Rules 2000 to make a direction that the Secretary of State to revise his decision. Rule 30 of the 2000 Rules only permitted procedural directions not ones aimed at correcting a substantive error committed by the Secretary of State.

If you are a LexisLibrary subscriber you can read more about this case here.